Can the inventor’s oath or declaration be submitted after filing the patent application?

Can the inventor’s oath or declaration be submitted after filing the patent application?

Yes, the inventor’s oath or declaration can be submitted after filing the patent application. The MPEP 602.01(a) states:

“The inventor’s oath or declaration may be submitted after the application filing date. If the oath or declaration is filed after the application filing date, it must be accompanied by the surcharge under 37 CFR 1.16(f).”

However, it’s important to note:

• The application must still name each inventor at the time of filing
• An application data sheet (ADS) under 37 CFR 1.76 must be submitted with the application filing
• The oath or declaration should be submitted no later than the date on which the issue fee is paid

Submitting the oath or declaration after filing may incur additional fees and potentially delay the examination process.

To learn more:

• inventor’s oath
• declaration
• late submission
• application data sheet